El Salvador passes controversial ‘Foreign Agents’ law amid criticism

Angela Deane Chief Development Officer Human Rights Watch
Angela Deane Chief Development Officer - Human Rights Watch
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El Salvador’s Legislative Assembly has enacted a new “Foreign Agents” law, providing the government under President Nayib Bukele with extensive authority to oversee and potentially dissolve organizations identified as foreign agents. The legislation, passed on May 20, 2025, by the assembly dominated by Bukele’s New Ideas party, was approved without significant debate or public input.

The law mandates that individuals and entities receiving international funding must register as “foreign agents” with a newly created Foreign Agents Registry within the Interior Ministry. Although it purports to enhance transparency, critics argue that it grants the government excessive power to control and penalize human rights organizations and independent media outlets supported from abroad.

Juanita Goebertus of Human Rights Watch stated: “There’s no question that the Foreign Agents law is about silencing those who expose corruption, human rights violations, and secretive negotiations with gang leaders by the Bukele government.” She criticized the law for labeling critical groups as foreign agents and imposing burdensome taxes while granting unchecked power to a government registry.

The definition of a foreign agent includes anyone responding to interests or controlled or financed by an external principal. This term is broadly interpreted to encompass any entity based outside El Salvador, including governments and political parties. Failure to register can result in penalties such as fines or suspension of legal status. Additionally, all foreign funds are subject to a 30 percent tax.

Registered foreign agents are prohibited from participating in activities perceived as politically motivated or destabilizing. Anonymous donations are banned, and changes in fund usage require prior approval. Organizations receiving foreign aid must disclose their funding sources publicly.

The executive branch is empowered to implement regulations for this law while allowing exemptions through the Interior Ministry. Critics claim this legislation violates El Salvador’s international commitments regarding freedom of expression and association under agreements like the International Covenant on Civil and Political Rights.

Human Rights Watch highlights similar laws used in countries like Russia and Nicaragua to suppress independent voices. The European Court of Human Rights condemned Russia’s version for infringing on freedoms of expression and association by forcing self-stigmatization through its labeling requirements.

Former Senator Marco Rubio supported bipartisan efforts against Nicaragua’s comparable law due to its problematic nature. Goebertus urged international condemnation of El Salvador’s legislation: “Foreign governments should condemn this atrocious legislation,” she asserted.



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